New York Supreme Court
Encyclopedia
The Supreme Court of the State of New York is the trial-level court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...

 of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...

 in the
state court system of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties. All but the most populous counties are grouped into judicial districts from which the justices are elected, with unwritten agreements allotting the judgeships among the counties of the district.

Nomenclature and terminology

In most states and in the U.S. federal court system, "supreme court" is the name of the highest court in the state. However, the New York Supreme Court is primarily a trial court, roughly equivalent to the "district courts", "superior courts", or "circuit courts" of other states. The highest court in New York State is called the "Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

". This is a historical hold-over in terminology: see the former Supreme Court of Judicature
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...

 in England and Wales and the extant Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...

 (among several superior-level courts in Canadian provinces and Australian states).

Like courts in several other eastern U.S. states, the Supreme Court uses the word "part" to refer to what other states call "departments" or "branches", and the word "term" to refer to what other states call "divisions". A member of the Supreme Court is a "justice". Thus, a criminal defendant in New York is tried in Criminal Term of Supreme Court in a numbered Part before a particular Justice.

Supreme Court Jurisdiction

The State Supreme Court handles large civil cases, and also handles felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 criminal cases within the five boroughs that make up New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

. Outside New York City, the County Courts handle felony criminal cases.

Although the New York Supreme Court in theory has unlimited general original jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 over civil litigation, in practice it does not normally hear cases with lower monetary claims that are within the powers of a New York state trial court of limited jurisdiction such as County Court or N.Y.C. Civil Court. Smaller civil cases and less serious criminal cases are handled in other courts: the Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...

 and Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....

 in New York City; County and District Courts in Nassau
Nassau County, New York
Nassau County is a suburban county on Long Island, east of New York City in the U.S. state of New York, within the New York Metropolitan Area. As of the 2010 census, the population was 1,339,532...

 and Suffolk Counties
Suffolk County, New York
Suffolk County is a county located in the U.S. state of New York on the eastern portion of Long Island. As of the 2010 census, the population was 1,493,350. It was named for the county of Suffolk in England, from which its earliest settlers came...

 on Long Island
Long Island
Long Island is an island located in the southeast part of the U.S. state of New York, just east of Manhattan. Stretching northeast into the Atlantic Ocean, Long Island contains four counties, two of which are boroughs of New York City , and two of which are mainly suburban...

; and County, City, Town and Village Courts in the rest of the state.

Certain specialized matters are handled by other courts. For example, probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...

 matters are heard in Surrogate's Court
New York Surrogate's Court
The Surrogate's Court handles all probate and estate proceedings in the state of New York. All wills are probated in this court and all estates of people who die without a will are handled in this court...

; juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...

 and child custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...

 matters in Family Court; and tort and contract claims against the state for monetary damages in the Court of Claims
New York Court of Claims
The New York State Court of Claims is the court which handles all claims against the State of New York and certain state agencies. It is not a small claims court. Judges of the Court of Claims are appointed by the Governor of New York and confirmed by the State Senate for a 9-year term...

.

By statute, the Supreme Court has exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...

 over three areas: matrimonial actions (such as for divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

 or annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...

), declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...

s, and actions against public entities for arbitrary, capricious and unreasonable
Arbitrary, capricious and unreasonable
Arbitrary, capricious and unreasonable is a legal concept in American jurisprudence.In the State of New York it is one of the legal grounds under which a government official's official action may be challenged in the state court of law under Article 78 of the Civil Practice Law and Rules, New York...

 conduct under Article 78 of the state's Civil Procedure Law. It also effectively has exclusive jurisdiction over other areas sounding in equity such as specific performance and rescission of contract, which have been defined by applicable case law as unsuitable for adjudication by the lower courts.

Appeals from the Supreme Court

Appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....

s from Supreme Court decisions go to the New York Supreme Court, Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...

, which is New York's intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

 divided into four appellate departments. Notwithstanding the departments, the Appellate Division is one court, and its decisions are binding
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...

 on all lower courts unless there is a conflict among the appellate departments.

New York's highest appellate court is the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...

; appeals are taken from the four departments to the Court of Appeals; decisions from the Court of Appeals are binding throughout the state.

Supreme Court locations

The Supreme Court operates from courthouses throughout the state. In each county, the Supreme Court is divided into multiple Parts. The Court uses the term "Part" for what other state courts call a "Department"; that is, a single courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...

 staffed by a single judge who manages the cases assigned to that Part.

The Supreme Court in New York County is located in several buildings in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...

. The civil branch is in several buildings near Foley Square
Foley Square
Foley Square is a street intersection and green space in the Civic Center neighborhood of Lower Manhattan, New York City and – by extension – the surrounding area, which is dominated by civic buildings. The space is bordered by Worth Street, Centre Street and Lafayette Street and lies...

: the main New York County Courthouse
New York County Courthouse
The New York County Courthouse facing Foley Square in lower Manhattan in New York City houses the Civil Term and the Appellate Term of New York State Supreme Court for the state's First Judicial District, which is coextensive with Manhattan, as well as offices of the County Clerk.-Architecture:The...

 building at 60 Centre Street (see photo), and three others at 80 Centre Street (across Worth Street), 111 Centre Street, and 71 Thomas Street. The criminal branch is at 100 Centre Street, shared with the Manhattan Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....

, the Office of the District Attorney and other agencies, and at 111 Centre Street, shared with the New York County Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...

.

The Supreme Court in Kings County (Brooklyn) and in Richmond County (Staten Island) are similarly housed in their respective counties. In Richmond County several Parts of the Supreme Court are located in the former U.S. Navy Home Port.

In Queens County
Queens
Queens is the easternmost of the five boroughs of New York City. The largest borough in area and the second-largest in population, it is coextensive with Queens County, an administrative division of New York state, in the United States....

, the Supreme Court is located in three neighborhoods. The Criminal Term is located in Kew Gardens
Kew Gardens, Queens
Kew Gardens is a triangular-shaped neighborhood in central Queens bounded to the north by the Jackie Robinson Parkway , to the east by Van Wyck Expressway and 131st Street, to the south by Hillside Avenue, and to the west by Park Lane, Abingdon Road and 118th Street...

, in the same building as the New York City Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....

. The Civil Term is located in Jamaica
Jamaica, Queens
Jamaica is a neighborhood in the borough of Queens in New York City, New York, United States. It was settled under Dutch rule in 1656 in New Netherland as Rustdorp. Under British rule, the Village of Jamaica became the center of the "Town of Jamaica"...

 and in a small and historic courthouse
Long Island City Courthouse Complex
The Long Island City Courthouse is located at 25-10 Court Square in Long Island City, Queens, in New York City. It formerly housed Criminal Court, County Court, the District Attorney staff, and the county sheriff's office. Today the Courthouse is another home to the Civil Term of Supreme Court,...

 in Long Island City.

Notable Past New York Supreme Court Justices

  • Benjamin N. Cardozo
    Benjamin N. Cardozo
    Benjamin Nathan Cardozo was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style...

  • Gerald Garson
  • Irving Lehman
    Irving Lehman
    Irving Lehman was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1940 until his death in 1945.- Biography:...

  • Samuel Leibowitz
    Samuel Leibowitz
    Samuel Simon Leibowitz was a Romanian-born American criminal defense attorney, famously noted for winning the vast majority of his cases, who later became a judge in New York City.-Early years:...

  • Edmund H. Lewis
    Edmund H. Lewis
    Edmund Harris Lewis was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1953 to 1954.-Life:...

  • Sol Wachtler
    Sol Wachtler
    Solomon Wachtler, born , is a lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1985 to 1993. Known for the remark, "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity" , Wachtler was a key figure in...

  • Robert F. Wagner
    Robert F. Wagner
    Robert Ferdinand Wagner I was an American politician. He was a Democratic U.S. Senator from New York from 1927 to 1949.-Origin and early life:...


Election

New York Supreme Court justices are elected to 14-year terms. In practice, most of the power of selecting judges belongs to local political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

 organizations who cross-endorse
Electoral fusion
Electoral fusion is an arrangement where two or more political parties on a ballot list the same candidate, pooling the votes for that candidate...

 each others' candidates. Regardless of the term for which they are elected, justices retire at the end of the year in which they reach the age of seventy years, though subject to annual review justices may serve until the age of 76, a replacement being chosen to a fresh 14-year term that November with effect from the start of the following year.

In February 2006, a federal district court in Brooklyn declared the method of nominating Supreme Court justices to be unconstitutional under the First and Fourteenth Amendments to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

. Judge John Gleeson stated: "A state may decide whether or not voters will be the best choosers of judges. But it may not say one thing – 'The justices of the supreme court shall be chosen by the electors,' N.Y. Const. art. VI § 6(c) – and do quite another, as they have here by effectively transferring the power to choose major party leaders. Put simply...the state may not pass off the will of the party leaders as the will of the people. Because that is exactly what the New York judicial convention system does, it violates the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

." In late August 2006, a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously affirmed Gleeson’s ruling, which mandates open primaries until the state legislature builds a new system. The old system remains in place under a stay for the 2006 judicial election process. On February 20, 2007, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 granted petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

 in this case. The case was argued on October 3, 2007, with the decision released on January 16, 2008. In the unanimous opinion for N.Y. State Bd. of Elections v. Lopez Torres
N.Y. State Bd. of Elections v. Lopez Torres
N.Y. State Bd. of Elections v. Lopez Torres was a case decided by the United States Supreme Court that involved a constitutional challenge brought against New York State's judicial election law, alleging that it unfairly prevented candidates from obtaining access to the ballot...

, written by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...

, the Court found New York's election system to be constitutional. However, both Justices Stevens and Kennedy wrote concurring opinions expressing dislike of the system.http://www.scotusblog.com/wp/wp-content/uploads/2008/01/06-766.pdf

Because the number of elected Supreme Court Justices is far less than the number of judges needed in many counties, there are provisions for judges of the New York City Civil Court
New York City Civil Court
The New York City Civil Court is a court hearing civil cases within New York City. By volume, it is the largest civil jurisdiction court in the United States, and handles about 25% of the total filings of the entire New York state court system.-Jurisdiction:...

, New York City Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....

, New York Family Court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...

, and New York Court of Claims
New York Court of Claims
The New York State Court of Claims is the court which handles all claims against the State of New York and certain state agencies. It is not a small claims court. Judges of the Court of Claims are appointed by the Governor of New York and confirmed by the State Senate for a 9-year term...

 to be designated as Acting Supreme Court Justices.

Trivia

  • The New York Supreme Court is the trusted holder of the Deed of Gift of the America's Cup, a document which governs the rules to make a valid challenge for the America’s Cup and the rules of conduct of the races. All interpretation of the document when contested can be taken before the Supreme Court of the State of New York for clarification on whether the Deed of Gift's terms and conditions are being met as written by George L. Schuyler.
  • The inscription on the front of the New York County courthouse taken from a letter of George Washington
    George Washington
    George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...

     to the Attorney General
    Attorney General
    In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

     in 1789: "The true administration of justice is the firmest pillar of good government." On February 16, 2009 the New York Post
    New York Post
    The New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...

     reported that the word "true" was actually penned by Washington as "due" according to documents at Library of Congress
    Library of Congress
    The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...

     and National Archives and Records Administration
    National Archives and Records Administration
    The National Archives and Records Administration is an independent agency of the United States government charged with preserving and documenting government and historical records and with increasing public access to those documents, which comprise the National Archives...

    .
  • The scene in the 1972 film The Godfather
    The Godfather
    The Godfather is a 1972 American epic crime film directed by Francis Ford Coppola, based on the 1969 novel by Mario Puzo. With a screenplay by Puzo, Coppola and an uncredited Robert Towne, the film stars Marlon Brando, Al Pacino, James Caan, Robert Duvall, Sterling Hayden, John Marley, Richard...

    in which Don Barzini
    Emilio Barzini
    Don Emilio Barzini is a fictional character in Mario Puzo's novel The Godfather and in its film adaptation, in which he is portrayed by Richard Conte-In the novel:...

     was shot was filmed on the steps outside the building.
  • The NY County Supreme Court building is also used in the closing scene of Wall Street (1987) and the opening scene of Regarding Henry
    Regarding Henry
    Regarding Henry is a 1991 American film drama starring Harrison Ford and Annette Bening, directed by Mike Nichols.The screenplay by J. J. Abrams focuses on a New York City lawyer who struggles to regain his memory and recover his speech and mobility after he survives a shooting.-Plot:Ambitious,...

    (1991).
  • The NY County Supreme Court building is also used in the Damages
    Damages (TV series)
    Damages is an American television drama series created by the writing and production trio of Daniel Zelman and brothers Glenn and Todd A. Kessler . It is broadcast in the United States on the DirecTV channel Audience Network after originally airing on FX and is produced by the creators' own...

    series' pilot and opening sequence (with zooms on the inscription)

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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